Burlington Insurance v. Steve's AG Services, Ltd.

MEMORANDUM *

Plaintiff-Appellee Burlington Insurance Company (“Burlington”) filed for declaratory judgment after denying two claims for defense and indemnity submitted by its insured, Defendanb-Appellant Steve’s AG Services, Ltd. (“AG Services”), a tree logging business owned by Defendant-Appellant Steve Baczkiewicz (“Steve”). AG Services’s first claim for a defense and indemnity related to an administrative proceeding in which the State of Hawaii Department of Land and Natural Resources alleged that AG Services illegally logged trees on state land (“the DLNR action”). The second claim related to a lawsuit in which the Damon Estate sought indemnification from AG Services and Steve for payments it made to the DLNR as a result of AG Services’s logging on the Estate’s property without proper permits (“Damon Estate lawsuit”). The district court granted Burlington’s motion for partial summary judgment and denied the Defendants’ cross-motions for partial summary judgment. We affirm.

Because the parties are familiar with the facts, we do not separately recount them here. We review a district court’s grant of summary judgment de novo. Thorman v. Am. Seafoods Co., 421 F.3d 1090 , 1094…